Shri S.K. Zutshi & Another vs Shri Bimal Debnath & Anr

The Supreme Court addressed the applicability of Section 197 of the Code of Criminal Procedure, 1973, in the context of a complaint against Border Security Force personnel for alleged illegal gratification and misconduct. The Court held that the actions of the appellants, which included demanding bribes and ransacking a shop, were not protected under Section 197 as they were not performed in the discharge of official duties. Consequently, the Court upheld the Additional Sessions Judge's decision to take cognizance of the offences under Sections 395, 447, and 506 IPC, affirming the legality of the proceedings against the appellants.